[linux-elitists] crinminal vs civil

Wendell Cochran atrypa@eskimo.com
Sat Aug 9 08:39:21 PDT 2003


Despite considerable courthouse lurking in my time, I seem to be
missing something in the SCO kerfuffle.

Almost everyone (as I see it) is treating SCO vs IBM as a criminal
action, with much talk about how a judge will view things.  But why?

It's a civil case -- & far fewer than 10% of civil cases ever go
before a judge.  The usual thing is for the opposing lawyers to get
together & play legal chess.  Everybody knows everything.  When they
determine the outcome inevitable under the law everyone goes home.

I've read that the legal teams for IBM & SCO are to open their chess
game on 13 Aug.

Of course SCO's strategy appears to call for obfuscating as long as
possible.  But how long can SCO afford the drain in money?  More
important, the drain in the pool of ignorant investors?  gullible
customers?  fearful users?

Open source isn't for computing alone.  Think of free press, freedom
of information, sunshine laws, & the like.  Observe that SCO relies
absolutely on ignorance & secrecy; but its FUDdery is doomed.

My guess is that the rascals will be done in by distributed
investigation in the manner of KMS & ESR (& many others).  That's
open source for you.

Wendell Cochran
West Seattle



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